Possession Claim On Line (PCOL)- help re procedure

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  • Possession Claim On Line (PCOL)- help re procedure

    Hi all,

    Further to my last thread of s8 eviction, the tenant has now left the property without us having to involve bailiffs. My next problem is how do I enforce the part of the judgement that says he has to pay us the rent arrears.

    When we gave T a copy of the PO we also attached a letter detailing how he was to pay arrears (£100 a month until cleared) but (surprise, surprise) the first date of payment has come and gone and no payment appeared in my bank. I now want to take it to the next step. We have done everything through PCOL and I'm sure there must be a way of now instructing the courts further, but not sure how to go about it. Any help much appreciated.

  • #2
    Help with PCOL claim Particulars

    I'm filling in a possesion claim online, just want to check if the details I'm entering are enough?


    Reason for requiring Possesion:

    I require possesion because the tenant in rent arears of £XXXX (SOME thousand Some hundred and ninty pounds) being over 7 and a half month’s rent arrears.

    The tenant has been in rent arears throughout the last 2 years of her tanancy and has not been upto date with the rent due.

    Rent payments have always been late.

    The tanant has not made any rent payments since xx/12/2007.


    Steps you have taken to recover arears:

    I have contacted the tenant on numerous occasions by phone and visiting the property in person.
    Each time I was promised that the rent will be paid on a certain day but the promises never matearialized.
    I have been unable to contact the tenant in the recent months as the tenant is not answering her phone or opening her door.


    is this enough? obviously i can explain properly at the hearing.

    Comment


    • #3
      What notices have you served on your tenant? Include details and dates. State what grounds you have put on any Section 8 you have issued.

      You might want to double-check your spellings as well, these judges can be terribly snooty about that kind of thing.

      Comment


      • #4
        Yeah will do a spell check once at the information is ready, was getting all the info ready first.

        Do I need to gove notice info in these sections too? as there is a section about what notice I served , the date I served it and method of service.

        btw I served a Section 8 notice.

        Comment


        • #5
          Originally posted by SALL View Post
          I have contacted the tenant on numerous occasions by phone and visiting the property in person.
          Each time I was promised that the rent will be paid on a certain day but the promises never matearialized.
          I have been unable to contact the tenant in the recent months as the tenant is not answering her phone or opening her door.
          Do you have any more info about any of the above? All very vague in terms of dates, number of occasions. Keeping a running log of all this stuff as it happens is ideal, but without that can be difficult to do retrospectively. Do you have an itemised phone bill?

          Comment


          • #6
            Hi Eric,

            I've got some dated when I contacted her in the last couple of months. other then that I didn't make a record of it. and no phone is not itemised.

            But does that really matters? I have full list of payments she has made over the last 2 years and a statement of how the arears have arose.

            btw do i need bank statements that show recieved payments? or having a printed list of all payments and amounts enough?

            Comment


            • #7
              Originally posted by SALL View Post
              Hi Eric,

              I've got some dated when I contacted her in the last couple of months. other then that I didn't make a record of it. and no phone is not itemised.

              But does that really matters? I have full list of payments she has made over the last 2 years and a statement of how the arears have arose.

              btw do i need bank statements that show recieved payments? or having a printed list of all payments and amounts enough?
              A list of what payments you have received should be enough, but if you want to prove that you didn't receive payment when it was due, you might need to provide bank statements (with anything not relevant crossed out with black marker). I had a case where I copied every bank statement I had, blacked out all the figures in the Balance column, blacked out all the figures and names to do with payments out, and for the remaining items, which were payments in, I left the names for all payments in and blacked out any figures for things that were not relevant to the case (e.g. my wages I left the name of the payee but blacked out the amount - none of anyone else's business how little I was getting paid!) The judge was happy with that.

              I doubt you'd have to provide all that at this stage, wait and see what her argument is. If she DOESN'T say that she paid, then you won't need to go to all that trouble.

              Comment


              • #8
                Originally posted by Surrey View Post
                A list of what payments you have received should be enough, but if you want to prove that you didn't receive payment when it was due, you might need to provide bank statements (with anything not relevant crossed out with black marker). I had a case where I copied every bank statement I had, blacked out all
                That sounds a prudent measure... Just wondering, if a tenant doesn't state in advance of a court hearing that he's going to claim he's paid when he hasn't, can he just do so on the day? What I'm getting at is, is it necessary to go to the palaver of doing your bank-statement thing on the off chance that the tenant tries it on, or if you haven't heard so before the hearing then there's no need to bother.

                BTW, how do you defend against "I paid the rent in cash and now the LL's nicked it" which is what a brighter tenant might come up with...?

                Comment


                • #9
                  BTW, how do you defend against "I paid the rent in cash and now the LL's nicked it" which is what a brighter tenant might come up with...?
                  So where's your receipt then?
                  The contents of this note are neither advice nor a definitive answer. If you plan to rely on this, you should pay somebody for proper advice.

                  Comment


                  • #10
                    Possession Claim On Line (PCOL)- help re procedure

                    using PCOL, can it be used for a section 21 notice, or is it only for rent arrears??

                    Comment


                    • #11
                      Originally posted by vik2001 View Post
                      using PCOL, can it be used for a section 21 notice, or is it only for rent arrears??

                      Again, experience tells me to deal directly with court, much easier to deal face to face with the court staff, they can check your paper work for you (although they can't offer legal advice).

                      Comment


                      • #12
                        Originally posted by porridge View Post
                        Again, experience tells me to deal directly with court, much easier to deal face to face with the court staff, they can check your paper work for you (although they can't offer legal advice).
                        what forms should i get N5 or should i get the accelerated process. how much quicker is the accelerated process??

                        Comment


                        • #13
                          Originally posted by vik2001 View Post
                          what forms should i get N5 or should i get the accelerated process. how much quicker is the accelerated process??
                          This is the form you need N5B (accelerated procedure)

                          http://www.hmcourts-service.gov.uk/c...s/n5b_0406.pdf

                          ive PM'd you on how to complete it

                          its a no blame procedure on in most case doesn't require your attendance

                          Comment


                          • #14
                            Originally posted by porridge View Post
                            This is the form you need N5B (accelerated procedure)

                            http://www.hmcourts-service.gov.uk/c...s/n5b_0406.pdf

                            ive PM'd you on how to complete it

                            its a no blame procedure on in most case doesn't require your attendance

                            thanks alot appreicated. im on it now.
                            once i fill it in, do i wait till the expiry date as stated on the s21 before i hand this in to my local county court, or can i hand it in before the expiry date to the court, and will they except it??

                            Comment


                            • #15
                              Originally posted by vik2001 View Post
                              thanks alot appreicated. im on it now.
                              once i fill it in, do i wait till the expiry date as stated on the s21 before i hand this in to my local county court, or can i hand it in before the expiry date to the court, and will they except it??
                              The Court might be unhappy if you use no:
                              a. spellcheck; nor
                              b. capital letters!
                              Sorry, but they do expect accuracy. Litigation is serious stuff, with scary consequences, unlike txtspkg ppl wh dnt lk vwls.
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

                              Comment

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